Judgment Search Results Home > Cases Phrase: karnataka excise act 1965 karnataka section 54 power to search without warrant Page 1 of about 1,350 results (0.183 seconds)

The Authorised Officer and Superintendent of Excise Vs. C.T. Kumar

Court : Karnataka

Reported in : ILR2005KAR5346; 2006(5)KarLJ45

..... sessions judge has ignored the ingredients of section 54 of the karnataka excise act, which enables the inspector or any excise officer to search without warrant. ..... in a case where the vehicle is involved for transportation of contraband articles under the excise act, it is for the applicant to prove and establish that his vehicle was not used or involved, within his knowledge for a commission of such offence. ..... also submitted that the authorised officer failed to take note of the ingredients of section 54 of the karnataka excise act, 1965 and the reasons assigned are not based on facts. ..... it is clear from the records that the inspector of excise seized 72 bottles of whisky, which were found illegally transporting on a moped bearing reg. no. ..... sessions judge in interfering with the order of the excise officer is erroneous and not sustainable and it is opposed to the principles of natural justice. ..... nagaraju found transporting 72 whisky bottles in a gunny bag, without valid permit or licence. ..... , while the inspector of excise keeping a watch about illegal transportation of illicit liquor, intercepted a tvs moped bearing reg. no. .....

Mr.babu Naika Vs. The State Of Karnataka

Court : Karnataka

..... that the police officer has intercepted the vehicles and seized the sachets and vehicles, but there is no material forthcoming to state that he has made all efforts to secure the necessary warrant but he was unable to secure the warrant, and therefore, by exercising the powers under section 54 of excise act he has searched 9 the vehicle. ..... advanced by the learned counsel is that the police have not followed the mandatory provisions under sections 53 and 54 of the karnataka excise act, 1965. ..... - whenever the excise commissioner or a deputy commissioner or any police officer not below the rank of an officer-in-charge of a police station or any excise officer not below such rank as may be prescribed, has reason to believe that an offence under section 32, section 33, section 34, section 36 or section 37 has been, is being, or is likely to be, committed, and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, after recording the grounds ..... it is contended that the respondent - police have no jurisdiction to search any vehicle and seize any article from the vehicle without a warrant from the magistrate. ..... power to search without warrant ..... further, the place of seizure having shops and houses, it is contended that the presence of local witnesses is imminent and hence, without examining any of the local witnesses, the prosecution has proceeded to examine pws 1 to 3 and 7, official witnesses, who are .....

Rashid and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1991CriLJ733; 1990(1)WLN303

..... in that case the court was dealing with section 53 of the karnataka excise act, 1965, section 53 of that act was extracted in that case which reads as under:'if a magistrate, upon information and after such inquiry (if any) as he thinks necessary, has reasons to believe that an offence under section 32 section 33, section 34, section 36 or section 37 has been, is being, or is likely to be committed, he may issue a warrant --(a) for the search of any place in which he has reason to believe, that any intoxicant, still, utensile, implement, apparatus, or materials, which are used for the commission ..... act, 1985 (61 of 1985), the central government hereby empower officers of an above the rank of sub-inspector in the departments of central excise, customs and revenue intelligence and in central economic intelligence bureau to exercise the powers and perform the duties specified in section 42 within the area of the irrespective jurisdiction and also authorise the said officers to exercise the powers conferred upon them under section 67'.the powers which have been conferred are to enter, search, seize and arrest without warrant .....

Krishnappa Vs. Excise Commissioner

Court : Karnataka

Reported in : ILR1986KAR186

..... therefore it is further held that if the deputy commissioner without considering the contentions raised by the petitioner without due regard to the guidelines issued by the government has made acquisition and the order under sub-section (3) of section 3 of the karnataka acquisition of land for grant of house sites act, 1972, it may then be argued that the discretion of the deputy commissioner is either capricious or extraneous. ..... 108 issued by the excise commissioner for the purpose of implementation of the provisions of the karnataka excise act (hereinafter referred to as the act) and specially for the purpose of issuing licences under the karnataka excise (sale of indian and foreign liquor) rules (hereinafter referred to as the rules.)3. ..... if there are any objections received either directly or forwarded by the excise commissioner they should be enquired into detail, if necessary, the deputy commissioner (excise) himself may personally inspect the proposed premises and send his report. ..... it is also further held that the guidelines are intended to minimise the arbitrary use of power of the authorities in dealing with the rights of the parties. ..... therefore, in the instant case also the instructions contained in the standing circular no, 108 are intended for the benefit of the public only and also they are intended to minimise the arbitrary exercise of powers by the granting authority. .....

K. Vasikerappa S/O K. Ramaiah Vs. State of Karnataka, Rep. by Its Prin ...

Court : Karnataka

Reported in : 2007(1)KarLJ303;

..... to note that the contract is a statutory one and there is no need to provide him with an opportunity of being heard before passing the impugned order nor there is any provision to issue notice as envisaged under rule 17(3) of the karnataka excise act and providing an opportunity arises only when the lease agreement has been entered into between the petitioner and respondent no. 1. ..... the 1st respondent has passed an order under rule 18 of the karnataka excise (lease of right of retail vend of arrack) rules, 1969, cancelling the confirmation order for the lease of right of retail vend of arrack, for sandur taluk and forfeited his deposit. ..... the petitioner was then granted temporary license to start the business on 1-7-2002, which is as per rules 16 & 17 of the karnataka excise (lease of right of retail vend of liquor) rules, 1969. ..... , being a excise contractor he is a wall qualified person, having knowledge of the terms and conditions of the relevant rules and he has participated in the bid and his highest bid has been accepted and confirmation order has been communicated to him, such person is not entitled to turn back and take a specific ground before this court, stating that the cancellation order and the notification issued is without issuing notice and without compliance of principles ..... , on or before 10th of every month but, however, he continued to carry on the business without making any payment or furnishing bank guarantee inspite of making repeated request.4. .....

Sowcar T. Thimmappa and Sons and ors. Vs. the State of Karnataka and o ...

Court : Karnataka

Reported in : AIR1978Kant17; 1977(2)KarLJ416

..... on the state government and its officers and further urged that all actions on the part of the state government and its officers are strictly controlled by the karnataka excise act and the rules, framed thereunder. ..... the 6th respondent failed to comply with the provisions of rules 16 and 17 of the karnataka excise (lease of the right of retail vend of liquors) rules, 1969 (to be hereinafter ..... in rule 18 of the karnataka excise (lease of the right of retail vend of liquors) rules, 1969 for the words ..... these three writ petitions under article 226(1)(b) and (c) of the constitution of india (42nd amendment) are by the petitioners who are excise contractors and who had been given lease of right of retail vend of arrack and toddy for the year 1976-77 in different taluks in shimoga, chickmagalur and chitradurga districts, seeking ..... all their manifestations, these rights are vested in the state and indeed without such vesting there can be no effective regulation of various forms of ..... rights on a public servant so that the absence of consultation or any irregularity in consultation should not afford him e cause of action in a court of law, or entitle him to relief under the special powers of a high court under article 226 of the constitution or of this court under article 32. ..... reference was made to section 2 of part ii relating to cause of action in halsbury's laws of england iii edition volume i- at para 10, it reads :'the general rule is that wherever there exists a 'right' recognised by the .....

Rudraiah Raju Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR587

..... ,vidhana soudha, bangalore, dated : 23rd november 1984.notificationthe draft of the following rules further to amend the karnataka excise (sale of indian and foreign liquors) rules, 1968, which the government of karnataka proposes to make in exercise of the powers conferred under section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966) is hereby published as required by sub-section (1) of the said section for the information of all the persons likely to be affected thereby and notice is hereby given that the said draft rules will be ..... persons have applied to a governmental authority for a job, contract or privilege or licence of considerable importance to public interest, some of whom possess the prescribed qualification and other do not have it and the authority concerned selects persons without qualification for such job or contract or licence or privilege, the primary injury is to public interest, for, entrustment of any such job or contract or licence to an unqualified person and in violation of law would primarily be injurious to public ..... the case of chingleput bottlers, : [1984]3scr190 , while reversing the judgment of the madras high court, which had issued a writ of mandamus to the excise commissioner to grant the licence to the petitioner before it, without the approval of the state government, on the ground that the high court had no power to issue a writ of mandamus to grant the licence for bottling liquor in violation of the rules stated thus :-'17. .....

K.V. Amarnath and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1998KAR730; 1998(5)KarLJ62

..... the preamble to the karnataka excise act, 1965 states, 'whereas it is expedient to provide for a uniform law relating to the production, manufacture, possession, import, export, transport, purchase and sale of liquor and intoxicating drugs and the levy of duties of excise thereon in the state of karnataka, the karnataka excise act has been enacted'.the preamble has a clear reference to entry 8, list ii of the seventh schedule to the constitution which empowers the states to legislate in connection with 'intoxicating liquors, that is ..... petitioner that he is entitled to store his liquor with any private bonded warehouse without paying the excise duty, is not correct in as much as under the karnataka excise (sale of indian made foreign liquor) rules, 1968, the licensee shall make arrangements to store the liquor in his ownpremises without payment of duty. ..... health and safety of the people consuming liquor; (j) that the challenge to the aforesaid rules on the ground of violation of the fundamental legal rights as projected by the manufacturers and distributors was found to be without substance and imaginery; (k) that the constitutional validity of the 1989 rules was upheld by the hon'ble supreme court of india; (l) that the 1989 rules not only got the seal of validity of the apex ..... section 71 authorises the state government, to make rules in the manner prescribed therein, it appears that in exercise of its powers the government framed the karnataka excise (sale of indian and foreign .....

State of Karnataka and ors. Vs. Thirumala Distilleries

Court : Karnataka

Reported in : 2004(6)KarLJ194

..... , in exercise of the power under section 45 of the karnataka excise act, 1965 the order dated 12-12-1994 vide annexure-d was passed by the deputy commissioner of excise, tumkur district, tumkur compounding ..... during the pendency of the investigation of the above offence committed by the respondent herein, the respondent filed a representation/application before the second appellant under section 45 of the karnataka excise act, 1965, seeking for compounding of the offence by admitting the shortage and agreed to compound the offence and offered to pay the compounding fee and the value and such other duty ..... apart, it is highly difficult to believe that the respondent herein could have manufactured the iml by utilising the deficit stock without the same being noticed by the excise authorities who were deputed at the distillery to supervise the activities of the distillery and it cannot be expected that the said excise authorities could have remained silent if the respondent had clandestinely manufactured the iml by making use of such a huge quantity ..... sides and having carefully perused the relevant provisions of the act and rules in the light of the decisions relied upon by the learned counsel on either side, the question for consideration is whether the impugned order made by the learned single judge in the writ petition, warrants any interference in the appeal?11. ..... the learned single judge warrants interference in the appeal ..... the learned single judge warrants no interference in the appeal .....

Khoday India Limited Reptd. by Its Vice-president Sri K. Srikishan, Vi ...

Court : Karnataka

Reported in : 2007(3)KarLJ162; 2007(4)KCCR2215; 2007(3)AIRKarR1

..... terms of the provisions of the karnataka excise act, 1965 [for short, the act] read with the karnataka excise (excise duties and fees) rules, 1968 ..... schedule-a, notwithstanding anything contrary contained in any other rules, may in lieu of cancellation or suspension of licence or forfeiture of security deposit, if any, impose the penalty at the rate of equivalent to the rate of excise duty leviable on beer, wine or other liquors under the karnataka excise (excise duties and fees) rules, 1968 on such reported excess wastages: provided that no such fine shall be imposed unless an opportunity of being heard is given to the aggrieved licencee. ..... though sri keshava reddy, the learned government advocate submits that there are enabling provisions under the act for delegating the power of the commissioner in terms of section 7, in favour of other officers, while no such order delegating the power placed before court, even otherwise, i am of the view that the very nature of rule-8 which is in the nature of a quasi-judicial adjudication should be exercised by the very authority itself and ..... manufacturing rectified spirit meant exclusively for supply to industries (industries other than those engaged in obtaining or manufacturing of potable liquor), whether after denaturing it or without denaturing it and industries engaged in manufacturing rectified spirit exclusively for the purpose of obtaining or manufacturing potable liquor. ..... and modi distillery without expressly overruling the decision .....